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Maldonado v. Kijakazi

United States District Court, Eastern District of California
Jun 10, 2022
1:21-cv-01696-DAD-GSA (SS) (E.D. Cal. Jun. 10, 2022)

Opinion

1:21-cv-01696-DAD-GSA (SS)

06-10-2022

VENESSA RENEE MALDONADO, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


ORDER ADOPTING THE PARTIES' STIPULATION FOR THE AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (DOC. NO. 14)

On November 29, 2019, plaintiff Venessa Renee Maldonado filed this action seeking review of a final decision of defendant Kilolo Kijakazi, the Commissioner of Social Security. (Doc. No. 1.) On March 11, 2022, the matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 11.) On June 9, 2022, the parties filed a stipulation with the court in which the parties agree that plaintiff shall be awarded attorney's fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $674.37. (Doc. No. 14.)

Good cause appearing, and pursuant to the parties' June 9, 2022 stipulation, the court orders as follows:

1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney's fees in the amount of $674.37;

2. After the issuance of this order, the government shall consider the assignment of the EAJA attorney's fees to plaintiff's counsel;

a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such assignment will depend on whether the attorney's fees are subject to any offset allowed under the United States Department of Treasury's (“the DOT”) Offset Program;
b. Fees shall be made payable to plaintiff, but if the DOT determines that plaintiff does not owe a federal debt, then the government shall cause the payment of attorney's fees to be made directly to plaintiff's counsel, Jonathan O. Pena;

3. Whether the payment of attorney's fees is made payable to plaintiff or to her counsel, the check will be mailed to plaintiff's counsel's mailing address at:

Jonathan O. Pena
Pena & Bromberg, PLC
2440 Tulare St., Ste. 320
Fresno, CA 93721

IT IS SO ORDERED.


Summaries of

Maldonado v. Kijakazi

United States District Court, Eastern District of California
Jun 10, 2022
1:21-cv-01696-DAD-GSA (SS) (E.D. Cal. Jun. 10, 2022)
Case details for

Maldonado v. Kijakazi

Case Details

Full title:VENESSA RENEE MALDONADO, Plaintiff, v. KILOLO KIJAKAZI, Acting…

Court:United States District Court, Eastern District of California

Date published: Jun 10, 2022

Citations

1:21-cv-01696-DAD-GSA (SS) (E.D. Cal. Jun. 10, 2022)